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One tenant moved out


GrosAve

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Well Done! Keep at it and I hope it all goes well for you. Never let these people get away with it. Please keep us all informed of your progress.

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Well done, I can only imagine how much of a relief todays outcome is for you. Seems like you got an early Christmas present by having the judgement in your favour.

If you think the tenant can pay then start your claim for rent arrears now.....why wait ? You can make a subsequent claim for damaged, broken, missing & dirty items as appropriate after you regain possession of the property.....which might still be a while yet if you need to use the bailiffs.

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I'm about to start a Money Claim Online to try to claim back over 3 months rent. I'm taking the advice to start the Money Claim before the tenant leaves the property.

In fact one tenant already has left the property but shall I still address to both of them as they are both on the lease?

Is there anyway of finding out the postal address of the tenant that has already left do you know?

If anyone has any further advice on pursuing money claims I'd be very grateful.

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As RL, if you have no forwarding address you use the last known address. It is their responsibility to have mail forwarded anyway.

Once you have the CCJ you will still need to trace them to their present address to chase them for the dosh. I imagine though that they could raise a defence to your claim later stating that they hadn't been given opportunity to defend the claim when made.

I've had this quandary myself wondering what benefit a CCJ at my own property will have.

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Yes I accept the the CCJ is against the individual, but credit searches will find such from their previous addresses or often when a potential T 'forgets' a previous address the search will link them to that address and also the CCJ's recorded when they were living there.

Now imagine a disgruntled ex T makes claim against me at a fictitious address, the claim could never be pursued for settlement at my present address surely?

Or have I found a way to get money from someone just because another wants to?

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Thank you. COR, you mentioned above that once I have the CCJ i would need to trace them to their new address to chase for the dosh. What if they don't give me the address - is it my responsibility to try to find it? Knowing my tenant as I do - he may not tell me and will could do a runner once he receives the Possession order. I've got a bad feeling around having to know their new address.

Before I start the MCOL I'm advised to carry out the Pre-Action Conduct and make sure I've sufficiently informed the tenant and given him enough time to settle this out of court. I am presently 2.5 months in rent arrears and on 29th it will be 3.5 months. I have sent him communication around the current debt. Do I have to send another letter after the 29th of this month to tell him it is now 3.5 months in arrears and I'm giving him a further 14 days to pay? Or, can I go straight to the MCOL considering he hasn't paid for 2.5 months? Just for info he did text me telling me he would have paid £1K on 5th December but didn't and that he would bring everything up to date by April 2015 and would I allow him to stay till then. Obviously I"m not allowing him to stay but thought it worth mentioning about the text.

Do you consider it worthwhile seeking legal advice on this?

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It seems we have a responsibility for educating T's, although I see that the expectation is very often unreasonable and only gives the abusers more opportunity to abuse, but we have to look right for the court.

Clearly any T needs to be aware of the outstanding amount requested, it follows that an accruing daily rate will be added. Wording of any letter needs to clarify the situation, detail the outstanding ££'s, and show the amounts to be added (or at least state so many ££'s due at given date with applicable charges to be added). Be cautious not to inadvertently state that monies will be due up to departure, as any applicable notice period and charges for repairs would also be applicable.

I will not carry out a final check until the property has been cleared and repossessed, too many opportunities for damage disguise and later accidents.

I don't get hot about chasing until they're gone, generally. To chase the rent now is likely to be only part of what you desire to be paid.

A letter now detailing the T responsibilities and monies outstanding is worth while. I make it clear that my attitude is not ambiguous, I want it, it's mine and I expect payment, the style of letter usually gets that across. If there is a guarantor I send a copy with a covering letter explaining that failure of the T puts them in the frame. Always dated, always reply address, recorded if I think they need that extra formality.

On calculation of the final account,

letter and statement with 14 days to pay,

at 14 days letter before action (titled as such at the top).

7 days or so later MCOL.

They are invited to respond, to make offers toward resolution, I keep my input to this minimum.

I prefer no verbal communications, too complicated for court.

If you get emotional they are winning (more than the gits have already), stay professional. You seem to be getting overly concerned about what you have to do now but there is another 6 years to chase the dosh.

If you don't know where they live, and assuming you have no employment details, how can you ever chase the dosh?

The court have no interest in helping you, the T's will make recovery as difficult as possible.

Is there a vehicle? Get the registration.

Is there employment? try and find out where.

I've been known to wait outside an ex T's workplace and follow them to their new home.

Tracing agents will often find the info for you but most like in some months when the ex T's are setting up new accounts ++

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Thank you COR - this is very valuable advice. The reason I think I should chase now is that I fear the tenant will just leave and I won't have a forwarding address. Totally agree that chasing rent arrears will only be part of the monies owed. I had been advised here to start it now while he is still in the property and then hopefully then he will have a fwd address.

Just concerned that hew owes all this money and the property is in such a state and he will walk away scott-free. I know I"m being naive but I want to do what I can to recoup this money.

He does have a car and I will get his reg number. He also spoke about his job in his defence against the S21 so there is evidence of him working.

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As there is employment is there also an employers reference?

At application they always want to show how good a T they will be and declare employment. It then follows that a reference is requested by me.

I also request the NI number of applicants and sight of passport, I then record the number.

It seems here that there will be value in following to his place of work, so you might follow from to his new home at a later date.

I'm not experienced with attachment of earnings but knowing his employer might well have value at a later date.

Even if you gain a CCJ as started now it won't have value until you know where he is later, why not wait till you know this and start the claim process then?

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My tenant's step-son contacted me via text

It is my understanding that my parents are three months overdue with rental payments which I was not aware of until your removal/eviction letter came through.

As stated on the letter that we have until the 6th to move out of the house, which will the coming Tuesday. I know my name is not on the contract neither do I think it's right for someone to miss their rent payments for three months, totally unacceptable.

I have a younger brother who lives in the house and I'm away at work which means i won't be able to get a house and move out by Tuesday. I will need next week to find a place, move my parents car which has been there for God knows how long and clear everything from the house. So it is with humble request that you allow me a week.

I can pay for the rent as I'm in full time work after graduating so any money owed to you by X and Y, I would be happy to pay.

I am very sorry for the inconvenience that's caused by this and can only apologise.

I responded with:

Thank you for your text with your proposal to resolution. As you will understand I find myself in this deeply stressful situation after 8 years of tenancy and doing the right thing by X and Y. This has been going on since June when I issued the required 2 months notice (in accordance with our tenancy agreement) to request my property back. X text me to say he was going to ignore it leaving me no choice other than to follow the correct procedure through the court. Additionally he has not paid the rent, which has now put me in a very difficult position.

I work abroad and will be out of the country from 12th January for 2 weeks, therefore the best I can do is allow you up to Friday 9th January to have the flat completely cleared in accordance with the letter I sent X and all the rent arrears, including interest, put into my account.

I don’t see this as being unreasonable – X has had 6 months to do everything to provide another home for him and his family.

I look forward to hearing from you.

He responded with:
Sorry for the late reply, I'm away but I'll be travelling back to Hayes tonight. Thanks for considering my request, i will spend the weekend to find a house and hopefully move by the 9th.

Moreover I'll speak to a X and find the best way on how the money you are owed can be paid as soon as possible. I'm very sorry about this but it got to a point where I had to be involved. Thanks.

I received the County Court Order today for the possession order on 6th Jan.
Do you think I'm doing the right thing by being flexible with the exit date of the 9th?
Do you think they're trying to pull the wool over my eyes here and just playing for time?
My brother thinks they won't pay - I mean why would they if they know they can get away with it?
Any advice from here?
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No.

Provide minimal information. You have shown a vulnerability by working abroad.

My reply (ish)

"There has been no funds forthcoming I now intend to progress with repossession of 'my' property."

In truth there is reduced value in your progressing if they will be out by the 9th, however them playing the time game is easy.

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Just got back from a long way off holiday and so pleased to see your eviction news Gros Ave.

Agree with Cor reply minimally to stepson - do not give him info on yourself - you have no contract with him - could be a wind up. I would insist of them leaving on the day given - no generosity to this man who has given you 12 months grief. Just get him out!

You cannot get the Sherriff in unless you have consent from the court - you did not get that at the S21 hearing and you would have to apply now - not worth it. These TV progs don't tell you that! If he does not leave (say by the 9th) then you need to apply for the court bailliff - fee of £110 (may have gone up) and there will be a wait of at least 2 weeks. Add fee to debts.

Start mcol off now at the current address. If they move out it will take a least 5 weeks for them to leave a paper trail at a new location and you will have to pay for that info from a firm like 192.com or findermonkey.

You can only claim the rent owing to date - not envisaged rent debt in the future. You can claim the court fee back from the debtor - it will be added to the debt. I would set this in motion now and the paperwork will confirm to the 'stepson' and tenant you mean business.

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You need to ask your court how long the waiting list is for the court bailiff in you area to decide if its worthwhile using a highcourt sheriff.

Though I agree with Mortitia that you need to ask at your possession hearing for the order to be transferred to the high court it is still possible to do this at a later date and I understand the High Court Sheriff you instruct can do this for you.

So do the number crunching find out how long it takes for a court bailiff to visit and the lost rent it will cost you and compare it to the extra cost a high court sheriff will cost but they will get the tenants out in a few days.

I have just got a possession order on the 23rd December and court bailiff is going round to enforce it on the 20th Jan which I

thought was quite good considering the court shut down over the xmas period. This for me is still a lot cheaper than using a

Sheriff as the rent is only £650pcm and the sheriff would cost about 1k.

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Welcome back Morticia and thanks to both including Grampa.

I'm going to go round today as they have pleaded with me not to just to see what is happening. And I will complete the paper work for the court bailiff. I believe this is the correct form http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n325-eng.pdf?I've found notes on how to complete but can't find the cost that I need to put in the toplight box under Fee Account no. - does anyone know?

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tenancyanswers.ucoz.com/index/bailiffs/0-59

I'm rubbish at pasting links but the above gives details and seems fee is £110. The writer says best time to contact the court bailiff is between 8 and 9am so could be worth a shot.

If you book the bailiff then add the cost onto the debt.

People begging me not to go to a property - especially one I own is guaranteed to get me there with back up!

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  • 3 weeks later...

Hello, so the County Court Bailiffs are going round on Feb 10 at 9.30am, I'll be there along with the locksmith.

Knowing this tenant as I do there is a possibility that he won't be there either already moved or just not in, I assume if he's not in the Bailiffs can use my key to get in and the locksmith can change the keys?

I'm aware that the tenant has an additional 2 weeks to take his belongings, however I have heard from someone who lets many properties in London something that was of interest. She said that her lawyer told her that she could put the tenants belongings into storage and pay for 1 NIGHT. Then that is it, it's down to the tenant after that. Has anyone heard of that and know it to be true?

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I use another principle.

The T's belongings are our responsibility, I thought for much longer. More often these belongings have zilch value.

The T's invariable owe much more than the value of the abandoned belongings, of course any claim may be exaggerated. I take photo's / videos of the goodies, I attempt to have their condition witnessed. I have in the past invited local furniture recycle types to buy. What they pay has a demonstrable value, what they don't desire has the zilch value. Then of course there becomes feasible charges for disposal of the T's rubbish.

My aim is to get rid fast and reduce any claim they may make later. More often the money owed by a disappearing T far exceeds the value of even an exaggerated claim and as recovery is often unlikely I've nowt to lose by just getting rid of the cr*p.

Or of course you may,

pay for professional removal to a nice dry store. If the T then wishes to recover their goods they may still claim damage in transit and deterioration while stored, and / or for missing items.

Not much point in trying to do it right really.

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